A Study Of The Performance Of The CPC's Rule Of Law

This thesis has discussed the concepts of the Party's governing by law, analyzed the present problems on it, and also attempted to propose the solution to those problems and strategies to them. The thesis consists of three parts:The first part states the concepts of the Party's governing by law. Governing by law means that a national ruling party has to observe the Constitution and the laws, implementing the corresponding ruling behavior according to the laws. The Party's governing by law realizes party's objective need, is important guarantee of the science formulation and the realization of party's guiding principle and is the essential content of implementing and realizing party's regulations. It is also the safeguard of party's advanced manifesting, the key to realize ruling state with law, the need of representing human rights and of constructing the legal order. The main body of governing by law is the ruling party, with the aim being to realize "the limited political party". The basis of governing by law is widespread, with the key lying to the surveillance.The second part analyzes the present problems on governing by law and their cause. The problems mainly display the unclear scope in governing in law, no strong consciousness, no sound legal system, the one-sided surveillance mechanism, the lack of the legal liability mechanism which the party organization and the party member is not governing by law and so on. And the cause is mainly the custom which forms in the history, as well as party's organization and the individual party member's responsibility which is equated with the Party's responsibility.The third part realizes to enhance the thoughts of party's governing in law:the first must strengthen the consciousness of the party's governing in law and the general party members and populace's legal quality; the second must consummate the legal framework; the third must request that the party must correctly deal with the relation of the party, the organ of state power, the administrative organ and judicial organ; the fourth must exercise the organization authority legally. Therefore, it is necessary to strengthen law surveillance of governing by law and also to improve legal liability if the party organization and the party member are not governing by law.